Re: Proposed Right of Way 6b Access to the beach from the L10483 at Carrahane Lower
I refer to the proposal to add the above to the list of public rights of way. I would like to put it on the record that a Circuit Court judgement on 12 April 1978 ruled that a public right of way existed along this route. Judge Timothy N Desmond defined the right of way to be 30 feet wide leading from the public road at Carrahane through the spring tide area and sandhills above the highwater mark at Carrahane strand to the beach and seashore at Beal-A-Choiste. Judge Desmond’s ruling, as well as further information about the case, can be found in the following file in the National Archives of Ireland: CC/KY/CIVIL BILL EQUITY 1977 NO.9.
The background to the court case was the digging of a trench in June 1972 across the entrance to what had been a traditional right of way to the beach. This ultimately resulted in Circuit Court proceedings between the Attorney General, at and by the request of Mr James Collins, Rathoneen, Ardfert, and nine people who had registered titles to the commonage at Carrahane. This court case established that a public right of way existed, and this was re-affirmed in two subsequent proceedings on 18 July 1978 and 2 November 1978 in the Circuit Court in Listowel by Judge Desmond.
Since 1978 this right of way has been in continuous use by me and by my extended family, as well as many others. I support the move to include this route in the list of public rights of way in the County Development Plan 2022-2028, and I am submitting the documents attached to ensure that the legal basis on which this right of way exists is available for the public record.
Please see attached documents as follows:
- Civil Bill File in the National Archives (cover)
- Circuit Court Judgement 12 April 1978
- Map referred to in the Judgement
- Circuit Court Judgement 18 July 1978
- Circuit Court Judgement 2 November 1978
- Agreed map of the Right of Way lodged in Court 2 November 1978